Delk v. Superior Office Services, Inc.

Filing 31

ORDER: The Court held a Case Management Conference with counsel for the parties on 4/22/2014. Written discovery shall be served on or before 5/22/2014, and Responses thereto shall be served on or before 6/22/2014. The deadline for all discovery on this issue is 8/22/2014. If Defendant wishes to refile its Summary Judgment Motion, it shall do so on or before 9/7/2014. Signed by Magistrate Judge E. Clifton Knowles on 4/22/14. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION

ROBERT L. DELK,

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Plaintiff,
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vs.
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SUPERIOR OFFICE SERVICES, INC., )
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Defendant.
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CASE NO. 3:13-0758
JUDGE CAMPBELL/KNOWLES

ORDER
The Court held a Case Management Conference with counsel for the parties on April 22,
2014.
On April 8, 2014, Judge Campbell entered an Order (Docket No. 27) denying
Defendant’s Motion for Summary Judgment (Docket No. 17) without prejudice to it being
refiled once discovery “in this matter” is complete.
Defendant’s Motion for Summary Judgment was based upon an argument that Defendant
is not an “employer” under the Americans with Disabilities Act, because it did not have the
minimum number of employees required by the Act at relevant times. Docket No. 17.
Plaintiff’s Response to the Summary Judgment Motion was based on the proposition that
Defendant had only recently raised that issue and that Plaintiff had not had the opportunity to
conduct discovery on the ADA coverage issue. Docket No. 24. Plaintiff argued in part, “The
Court should deny defendant’s motion pursuant to Fed. R. Civ. P. 56(d) as [sic] and permit
plaintiff an opportunity to conduct discovery in this case.” Id.

Following the entry of Judge Campbell’s Order, the undersigned set a Case Management
Conference for the purpose of amending the Initial Case Management Order. Docket No. 28.
That Order directed the parties to confer on a Proposed Case Management Order to be submitted
on or before April 18, 2014, and it further provided, “If the parties can agree on deadlines,
counsel shall promptly contact the Court and the Case Management Conference will be
CANCELLED.” Id. (Underlining and caps in original).
The parties were unable to agree on a Case Management Order. Plaintiff took the
position that Judge Campbell’s Order granted “wide open” discovery on all issues in the lawsuit.
Defendant took the position that Judge Campbell’s Order restricted additional discovery to the
ADA coverage issue, i.e. the number of employees Defendant had as discussed above.
The Court agrees with Defendant that Judge Campbell’s Order should be interpreted to
mean that the undersigned should set a schedule for the “additional discovery” with regard to the
ADA coverage issue. Therefore, the Court sets the following schedule for discovery which is
restricted initially to the ADA coverage issue.
Written discovery shall be served on or before May 22, 2014, and Responses thereto shall
be served on or before June 22, 2014. The deadline for all discovery on this issue is August 22,
2014.
If Defendant wishes to refile its Summary Judgment Motion, it shall do so on or before
September 7, 2014.
IT IS SO ORDERED.

E. Clifton Knowles
United States Magistrate Judge
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